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(영문) 춘천지방법원 강릉지원 2014.11.04 2014고단841
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 26, 2014, at the Ccafeteria located in Gangseo-si B around 01:0, the injured Defendant: (a) performed drinking together with the Defendant’s son D (24 years of age) on the ground that the said victim was subjected to the Defendant’s telephone late, and (b) carried out her head a scam of scam and a scam of scam in the instant case; (c) carried the scam of scam and scam of scam on the cam of the horse’s head; and (d) carried the scam of scam and the scam of scam on the right bridge and the left part, thereby causing an injury to the victim as a result of treatment

2. On August 26, 2014, at around 03:30 on August 26, 2014, the Defendant attempted to arrest a flagrant offender for committing a crime listed in paragraph (1) at the F District Office of the Gangnam Police Station located in Gangnam-si, Gangnam-si, and to damage the floor by putting the business monitor used in the above F District on his/her stude, which was on his/her stude, and attempted to damage the floor. However, the Defendant failed to commit an attempted crime because the said monitor was connected with the main body, and does not have any wind that does not fall on the floor.

Accordingly, the defendant attempted to damage goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and H;

1. Application of each statute on photographs of damage;

1. Relevant legal provisions concerning facts constituting an offense, Article 257 (1) of the Criminal Act (the point of injury), Articles 143 and 141 of the Criminal Act (the point of attempted damage to goods for public use) and choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Criminal Act on probation and lecture attendance order is against the defendant's depth of the crime of this case, the victim, who is the defendant, does not want the punishment of the defendant, the rest of the defendant's family members want to take the defendant's wife, there is not any punishment heavier than a suspended sentence due to violent crimes, and there is no other crime.

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